Posts Tagged ‘illegal search’
An Officer Standing in The Driveway Without a Warrant Cannot Utilize the Warrantless Search of Plain View If the Officer is Not Lawfully in the Area at the Time
State v. Raymond Ingram Appellate Docket No.: A-1500-20 Decided February 13, 2023 Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Division of New Jersey reversed a denial of a motion to suppress after finding that officers were not lawfully in the defendant’s driveway and could not view the…
Read MoreIn Case of An Illegal Search, Evidence May Be Suppressed and The Case Dropped
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0128-19 STATE OF NEW JERSEY, Plaintiff-Respondent, Versus BRUCE A. POOLE, a/k/aBRUCE POOL, Defendant-Appellant. _______________________ Submitted April 28, 2021 – Decided June 25, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark This case arises out of a June 27, 2018, event where there were reported shots fired…
Read MoreBe Sure to Understand the Different Levels of Information Officers Need When Investigating to Be Able to Properly Make an Arrest and Charge Someone with a Crime
State v. Gaddy Appellate Docket No.: A-3046-18 Decided March 11, 2021 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Division of New Jersey reviewed a defendant’s motion to suppress after an anonymous tip provided that individuals were congregating and “engaging in disorderly activity” leading to defendant being charged with…
Read MoreConstitutionality of a Warrantless Search and a Protective Sweep of a Residence
State v. Terres: Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Police were seeking to arrest a man named Fuller on a warrant and received information he was staying at a trailer park, possibly with defendant. State police informed officers defendant had been arrested and told officers that defendant said Fuller was at the trailer…
Read MoreCan the police search my car based on the smell of marijuana
Should I sign the consent search form and agree to let the police search my car with my daughter there only because the police told me they were going to get a warrant anyway? The cop said “it would be a lot easier if you just allowed me to search the car, We’re going to…
Read MoreWhat is the penalty for an illegal search of my car?
If the police search my car what happens at a “Suppression” hearing? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The New Jersey Supreme Court Ruled: In a blog I wrote yesterday the court ruled the Ocean County/Lakewood NJ police preformed an illegal search of a defendant’s car. Now that the court ruled the search was illegal…
Read MoreAre the police allowed to strip search me once I am in detention?
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In this case the sole issue is whether the police had the appropriate probable cause to conduct a strip search without consent and without a warrant. The facts in this case are pretty straightforward and consistent with a number of motor vehicle stops. The police pulled a…
Read MoreCan a Police Officer Follow Me Into My Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark A case was recently decided by New Jersey’s Supreme Court regarding a warrantless search of a defendant’s home. In the case, an officer responded to a noise complaint; essentially a municipal ordinance charge! The defendant was standing on the porch of his home when the officer showed…
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